alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.1

SECOND AMENDMENT

TO

2004 STOCK INCENTIVE PLAN

THIS SECOND AMENDMENT TO 2004 STOCK INCENTIVE
PLAN (the Amendment) is made and adopted, effective as of July 1, 2006 (the Effective Date), by CALLWAVE, INC., a Delaware corporation (the Company), with reference to the
following facts.

RECITALS:

A. The Company previously adopted that certain 2004 Stock Option Plan dated effective April 27, 2004, (the Option Plan), and the stockholders and Board of Directors of the Company set aside thereunder One Million
Seven Hundred Thousand (1,700,000) shares of Common Stock as of April 27, 2004, to permit certain additional administrative procedures in connection with the operation of the Option Plan.

B. Pursuant to the evergreen provisions of Section 5.1(b) of the Plan, the Board of Directors of the Corporation has approved the
setting aside of an additional One Million Thirty-Nine Thousand Nine Hundred Eighty-Nine (1,039,989) shares of Common Stock under the Option Plan, and the Company is executing this Amendment in order memorialize that action.

AMENDMENT:

NOW, THEREFORE,the Company hereby amends the Option Plan as follows:

1. INCREASE IN AUTHORIZED SHARES. Effective as of the Effective Date, the number of shares
of Common Stock set aside under the Option Plan for the granting of options and issuance of shares of restricted stock thereunder is hereby increased by One Million Thirty-nine Thousand Nine Hundred Eighty-nine (1,039,989) shares, to a total of
Three Million Seven Hundred Twenty-nine Thousand Nine Hundred Twenty-two (3,729,922).

2. MISCELLANEOUS.Except as expressly modified by this
Amendment, the Option Plan is hereby ratified and confirmed and remains in full force and effect.

IN WITNESS WHEREOF,the
undersigned has executed this First Amendment, effective as of the Effective Date described above.

CALLWAVE, INC.,a Delaware corporation



|   |  |                                      
|-- |  | -------------------------------------
|By |  | /s/ David F. Hofstatter              
|   |  | David F. Hofstatter                  
|   |  | President and Chief Executive Officer
1 In The



### Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO

. 09

- 1 8

- 00 156

- C V



### ____________________

IN THE INTEREST OF M.F.S., M.F.S., AND A.F.S.

_______________________________________________________ ______________

On A ppeal from the 418th District Court

Montgomery County, Texas

Trial Cause No

. 17

- 03

- 03917

- CV

________________________________________________________ _____________

MEMORANDUM OPINION

The trial court clerk informed the Court that no arrangements have been made

to pay for the District Clerk to prepare the clerk’s record. On July 16, 2018, we

warned the appellants that the ir appeal could be dismissed unless they established

that they had arrange d to pay the fee required to obtain the record with the clerk , or

the y file d a motion explaining why they needed additional time. On July 25, 2018,

we affirmed the trial court’s order granting the court reporter’s contest to the

appellants’ statemen ts claiming they were unable to afford to pay costs. See Tex. R.

Civ. P. 145(g).2 There being no satisfactory explanation for the appellants ’ fail ure to pay the

filing fee for the appeal and failure to file the clerk ’ s record that is relevant to their

appe al , we dismiss the appeal for want of prosecution. See Tex. R. App. P. 37.3(b),

42.3.

A PPEAL DISMISS ED.

________________________________ HOLLIS HORTON

Justice

Submitted on August 29, 2018

Opinion Delivered August 30, 2018

Before McKeithen, C.J., Kreger and Horton, JJ.
null

45.618603
Igal ELHARRAR, Appellant, v. LAGO DEL REY CONDOMINIUM, INC. 1, Appellee.

No. 4D18-2063

District Court of Appeal of Florida, Fourth District.

[October 24, 2018]

Igal Elharrar, Boca Raton, pro se.

No brief filed for appellee.

Per Curiam.

*143*Affirmed. See* Fla. R. App. P. 9.315(a).

Gerber, C.J., Levine and Klingensmith, JJ., concur.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

TOBY M

. SEMICK,

Plaintiff

- Appellant,

v.

CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

REHABILITATION; et al.,

Defendants

- Appellees. No. 17

- 16090

D.C. No. 2:15

- cv

- 02462

- JAM

- EFB

MEMORANDUM *

Appeal from the United States District Court

for the Eastern District of California

John A. Mendez, District Judge, Presiding

Submitted April 11, 2018 **

Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.

California state prisoner Toby M. Semick appeals pro se from the district

court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various federal

claims. We have jurisdiction under 28 U.S.C. § 1291. We affirm.

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

APR 17 2018

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2 17

- 16090

In his opening brief, Semick fail s to address how the district court erred by

dismissing his a ction for failing to prosecute following the district court’s order to

file an amended complaint. As a result, Semick ha s waived his challenge to the

district court ’s order. See Smith v. Marsh , 194 F.3d 1045, 1052 (9th Cir. 1999)

(“[O]n appeal, arguments not raised by a party in its opening brief are deemed

waived.”); Greenwood v. FAA , 28 F.3d 971, 977 (9th Cir. 1994) (“We will not

manufacture arguments for an appel lant . . . .”).

Semick’s motion for judicial notice (Docket Entry No. 13) is denied.

AFFIRMED.
Norma FREDRICK, et al., Appellant(s)/Petitioner(s), v. MTGLQ INVESTORS LP, Appellee(s)/Respondent(s),

CASE NO.: 3D18-1064

District Court of Appeal of Florida, Third District.

OCTOBER 16, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Granted.

Dismissed.
Electronically Filed Intermediate Court of Appeals CAAP-18-0000562 28-AUG-2019 09:14 AM
IV 

113TH CONGRESS 

2D SESSION H. RES. 578 

Expressing support for designation of the week of May 11, 2014, through 

May 17, 2014, as ‘‘National Police Week’’. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 8, 2014 

Mr. SABLAN submitted the following resolution; which was referred to the 

Committee on the Judiciary 

RESOLUTION 

Expressing support for designation of the week of May 11, 

2014, through May 17, 2014, as ‘‘National Police Week’’. 

Whereas in 1962, John Fitzgerald Kennedy proclaimed May 

15 to be ‘‘Peace Officers Memorial Day’’, and designated 

the calendar week in which May 15 falls as ‘‘National 

Police Week’’; 

Whereas law enforcement officers are charged with pursuing 

justice and protecting communities in the United States; 

Whereas State and local police officers, sheriffs, and other 

law enforcement officers across the United States serve 

with dignity and integrity; 

Whereas law enforcement officers serve as first responders to 

natural disasters such as Hurricane Isaac and Hurricane 

Sandy; 


tjames on DSK6SPTVN1PROD with BILLS
2 

HRES 578 IH 

Whereas law enforcement officers serve as first responders to 

terrorist attacks such as the bombings at the Boston 

Marathon in Boston, Massachusetts, and to accidents 

such as the fertilizer plant explosion in West, Texas; 

Whereas the deadliest day in law enforcement history was 

September 11, 2001, when 72 officers were killed while 

responding to the terrorist attacks on the United States; 

Whereas law enforcement officers selflessly risk their personal 

safety in the interest of public safety; and 

Whereas ‘‘Peace Officers Memorial Day’’ honors law enforcement officers killed in the line of duty: Now, therefore, 

be it 

1 Resolved, That the House of Representatives— 

2 (1) supports the designation of ‘‘National Police 

3 Week’’; 

4 (2) expresses strong support for law enforce5 ment officers across the United States for their ef6 forts to build safer and more secure communities; 

7 (3) recognizes the need to ensure that law en8 forcement officers have the equipment, training, and 

9 resources necessary to protect their health and safe10 ty while they are protecting the public; 

11 (4) recognizes the members of the law enforce12 ment community for their selfless acts of bravery; 

13 (5) acknowledges that police officers and other 

14 law enforcement officers who have made the ultimate 

15 sacrifice should be remembered and honored; and 


tjames on DSK6SPTVN1PROD with BILLS
3 

HRES 578 IH 

1 (6) encourages the people of the United States 

2 to observe ‘‘National Police Week’’ with appropriate 

3 ceremonies and activities that promote awareness of 

4 the vital role of law enforcement officers in building 

5 safer and more secure communities across the 

6 United States. 

Æ 


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State News Release        March 1, 2018        USGS Deploys Storm-Tide Sensors in Advance of Nor’Easter

State News Release        November 17, 2016        Location Matters: Sandy’s Tides Hit Some Parts of the New Jersey Coast Harder Than Others
**Exhibit 31**I, Jerome B. Van Orman, Jr., certify that:1. I have reviewed this annual report on Form 10-K, and all reports on Form 8-K containingdistribution or servicing reports filed in respect of periods included in the year covered bythis annual report, of Superior Wholesale Inventory Financing Trust XII; 2. Based on my knowledge, the information in these reports, taken as a whole, does not containany untrue statement of a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statements were made, notmisleading as of the last day of the period covered by this annual report; 3. Based on my knowledge, the distribution or servicing information required to be provided tothe trustee by the servicer under the pooling and servicing, or similar, agreement, forinclusion in these reports is included in these reports; 4. I am responsible for reviewing the activities performed by the servicer under the pooling andservicing, or similar, agreement and based upon my knowledge and the annual compliance reviewrequired under that agreement, and except as disclosed in the reports, the servicer hasfulfilled its obligations under that agreement; and 5. The reports disclose all significant deficiencies relating to the servicer’s compliance withthe minimum servicing standards based upon the report provided by an independent publicaccountant, after conducting a review in compliance with the Uniform Single AttestationProgram for Mortgage Bankers or similar procedure, as set forth in the pooling and servicing,or similar, agreement, that is included in these reports.Date:March 31, 2006*/s/ Jerome B. Van Orman, Jr.*
Exhibit
      32.2


**CERTIFICATE
      PURSUANT TO**


**18
      U.S.C. SECTION 1350**


**AS
      ADOPTED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**





In
      connection with the Quarterly Report of WGNB Corp. (the “Company”) on Form 10-Q
      for the period ending September 30, 2008, as filed with the Securities and
      Exchange Commission on the date hereof (the “Report”), I, Steven J. Haack,
      Treasurer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted
      pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:





1.  The
      Report fully complies with the requirements of Section 13(a) or 15(d) of the
      Securities Exchange Act of 1934; and





2.  The
      information contained in the Report fairly presents, in all material respects,
      the financial condition and results of operations of the Company.





Date:
      November 14, 2008





/s/
                Steven J. HaackSteven
                J. HaackTreasurer(Principal
                Financial Officer)
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science explorer topicReducing Risk from Extreme Events

staff profileDianne Lopez-Trujillo

Science Theme        April 18, 2023      Coastal Hazards and Habitat Change
Sean M. LUCEY, et al., Appellant/Petitioner(s), v. 1010LOGIC, INC., Appellee/Respondent(s).

CASE NO.: 2D18-2165

District Court of Appeal of Florida, Second District.

December 06, 2018

BY ORDER OF THE COURT:

Respondent's unopposed motion to dismiss petition for certiorari is granted. The petition is dismissed as moot.

LaROSE, C.J., and VILLANTI and LUCAS, JJ., Concur.
Milton DEVINE, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D18-2049

District Court of Appeal of Florida, Second District.

January 08, 2019

BY ORDER OF THE COURT:

Pursuant to the notice of voluntary dismissal filed herein, this appeal is dismissed.
STATE EX REL. Tolbert MORRIS v. STATE of Louisiana

No. 2017-KH-1852

Supreme Court of Louisiana.

December 17, 2018

**ON SUPERVISORY WRITS TO THE TWENTY-THIRD JUDICIAL DISTRICT COURT, PARISH OF ASCENSION**

PER CURIAM:

Denied. Relator fails to show that he received ineffective assistance of counsel under the standard of *Strickland v. Washington* , 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). As to his remaining claims, relator fails to satisfy his post-conviction burden of proof. La.C.Cr.P. art. 930.2.

Relator has now fully litigated his application for post-conviction relief in state court. Similar to federal habeas relief, *see*28 U.S.C. § 2244, Louisiana post-conviction procedure envisions the filing of a *336second or successive application only under the narrow circumstances provided in La.C.Cr.P. art. 930.4 and within the limitations period as set out in La.C.Cr.P. art. 930.8. Notably, the legislature in 2013 La. Acts 251 amended that article to make the procedural bars against successive filings mandatory. Relator's claims have now been fully litigated in accord with La.C.Cr.P. art. 930.6, and this denial is final. Hereafter, unless he can show that one of the narrow exceptions authorizing the filing of a successive application applies, relator has exhausted his right to state collateral review. The district court is ordered to record a minute entry consistent with this per curiam.
THE THIRTEENTH COURT OF APPEALS

13-18-00468-CR

Gustavo Lopez Mireles

v.

The State of Texas

On Appeal from the

332nd District Court of Hidalgo County, Texas

Trial Cause No. CR-3196-01-F(2),(3)

JUDGMENT

THE THIRTEENTH COURT OF APPEALS, having considered this cause on 

appeal, concludes the appeal should be dismissed. The Court orders the appeal 

DISMISSED in accordance with its opinion.

We further order this decision certified below for observance.

December 6, 2018
Exhibit 32.2





CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Annual Report of Smart Online, Inc. (the “Company”) on Form 10-K for the year ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned, Thaddeus J. Shalek, Interim Chief Financial Officer and Principal Accounting Officer of the Company, certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to my knowledge, that:





(1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and





(2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.






/s/ Thaddeus J. ShalekThaddeus J. ShalekChief Financial Officer and

Principal Accounting OfficerMarch 30, 2011





A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.





This exhibit is being furnished pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by that Act, be deemed to be incorporated by reference into any document or filed herewith for the purposes of liability under the Securities Exchange Act of 1934, as amended, or the Securities Act of 1933, as amended, as the case may be.
OUTBIDYA, INC., Appellant/Petitioner(s), v. WILMINGTON SAVINGS FUND SOCIETY, FSB, as Trustee, et al., Appellee/Respondent(s).

CASE NO.: 2D18-3766

District Court of Appeal of Florida, Second District.

December 31, 2018

BY ORDER OF THE COURT:

Pursuant to the notice of voluntary dismissal filed herein, this appeal is dismissed.
IV 

113TH CONGRESS 

2D SESSION H. RES. 659 

Amending the Rules of the House of Representatives to prohibit the Committee on Ethics from waiving any requirement that Members, officers, 

and employees of the House include information on reimbursements 

for travel in the financial disclosure reports such individuals are required 

to file under the Ethics in Government Act of 1978. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 8, 2014 

Mr. LOEBSACK (for himself, Mr. FITZPATRICK, Mr. BRALEY of Iowa, Mr. 

ENYART, Mr. WALZ, Mrs. BUSTOS, Mr. COHEN, Mr. QUIGLEY, Mr. COOPER, Mr. MCDERMOTT, Mr. RUIZ, Mr. BARROW of Georgia, Mr. NOLAN, 

Ms. TSONGAS, Ms. SHEA-PORTER, and Mr. FOSTER) submitted the following resolution; which was referred to the Committee on Rules 

RESOLUTION 

Amending the Rules of the House of Representatives to 

prohibit the Committee on Ethics from waiving any requirement that Members, officers, and employees of the 

House include information on reimbursements for travel 

in the financial disclosure reports such individuals are 

required to file under the Ethics in Government Act 

of 1978. 

1 Resolved, 


smartinez on DSK4TPTVN1PROD with BILLS
2 

•HRES 659 IH 

1 SECTION 1. PROHIBITING WAIVER OF REQUIREMENT TO 

2 INCLUDE TRAVEL INFORMATION IN FINAN3 CIAL DISCLOSURE REPORTS OF MEMBERS, 

4 OFFICERS, AND EMPLOYEES OF THE HOUSE. 

5 Clause 5 of rule XXV of the Rules of the House of 

6 Representatives is amended by adding at the end the fol7 lowing new paragraph: 

8 ‘‘(j) The Committee on Ethics may not use its au9 thority under this clause or section 111(2) of the Ethics 

10 in Government Act of 1978 (5 U.S.C. App. 112(2)) to 

11 waive any requirement under title I of such Act that Mem12 bers, Delegates, Resident Commissioners, officers, or em13 ployees include information on reimbursements for travel 

14 (as described in section 102(a)(2)(B) of such Act) in the 

15 reports such individuals are required to file under title I 

16 of such Act.’’. 

Æ 


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##### 



Exhibit 3.1
 
 Del. C. Del.
C.
  Name
 Registered Office
 Registered Agent
  By:
    /s/ Emily E. Smith-SulfaroEMILY E. SMITH-SULFAROAuthorized Person




---



##### 



th
 th
 /s/ Emily Smith-SulfaroEMILY SMITH-SULFAROAuthorized Person
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